Delhi District Court
Indra Deo Singh vs The State on 30 May, 2011
IN THE COURT OF SHRI ARUN BHARDWAJ, ADJ:
SOUTH WEST: NEW DELHI
P.C No. 14/11
In the matter of :-
Indra Deo Singh
son of Sh. Ram Naresh Singh
R/o RZP - 86/1, Raj Nagar, Part-II,
Palam Colony,
New Delhi-110077
...Petitioner
Versus
1. The State
2. Abhishek Singh
3. Anurag Singh
Both through their father,
Sh. Indra Deo Singh
R/o RZP- 86/1, Raj Nagar Part-II,
Palam Colony, New Delhi- 110077
...Respondents
Filed on : 17.02.2011
Reserved on : 28.05.2011
Decided on : 30.05.2011
JUDGMENT :-
1. This is an application for grant of letters of administration of the estate of late Smt. Pratima Singh wife of the petitioner.
2. Respondent No. 2 and 3 are the minor children of late Smt. Pratima Singh. It is stated that the ordinary place of residence of the deceased at the time of her death was Delhi and she expired on 29.01.2007.
3. It is stated that the petitioner had purchased property in P.C No. 14/11 Page 1/3 question in the name of the deceased which is property No. RZ- RZP-86/1, Raj Nagar Part-II, Palam Colony, New Delhi-77.
4. It is stated in the application that the deceased is survived by her husband who is the petitioner and two minor children who are Respondent No. 2 and 3 in this application. The deceased is not survived by any other legal heir.
5. Notice of this petition was published in newspaper 'Veer Arjun' and notice was also displayed on the notice board of this court. The newspaper where the citation was published is on record. However, no objection was received from any quarter to the grant of letter of administration in favour of the petitioner.
6. Collector has filed the valuation report.
8. Petitioner has proved election I card of deceased as Ex.PW1/1, death certificate of deceased was proved as Ex.PW1/2, certified copy of the Will executed by Smt. Kusum who had sold the property in question to the deceased was exhibited as PW1/3, complaint to the police about loss of title deeds was exhibited as PW1/4, marriage card of petitioner with the deceased was exhibited as PW1/5, photograph of petitioner and deceased was exhibited as PW1/6, electricity bill was exhibited as PW1/7, water bill was exhibited as PW1/8, birth certificate of Master Abhishek Singh was exhibited as PW1/9 and birth certificate of Master Anurag Singh was exhibited as PW1/10. Petitioner proved his election I card which was exhibited as PW1/11. All the title documents in favour of Smt. Kusum who sold the suit property to the deceased like General Power of Attorney, agreement to sell, affidavit, receipt, deed of will were exhibited as P.C No. 14/11 Page 2/3 PW1/12 collectively.
9. Respondent No. 2 and 3 are minor children of the petitioner and the deceased. The petition being uncontested and there being no objection from any legal heir or from general public, the petition is allowed.
10. Let letter of administration as prayed be granted to the petitioner with regard to property No. RZ-RZP-86/1, Raj Nagar Part-II, Palam Colony, New Delhi-77 after petitioner fulfills the required formalities by filing administration cum surety bond.
11. File be consigned to record room with liberty to petitioner to revive the same for completion of formalities.
12. It is made clear that nothing stated in this order shall tantamount to any observation on the title of deceased over property in question.
13. It is also made clear that as Respondent No. 2 and 3 are minors, petitioner will not sell the suit property till the time Respondent No. 2 and 3 attain the age of majority or in the event of necessity the same can only be sold with the permission of the court.
Announced in the open Court on the day of 30th May, 2011 (ARUN BHARDWAJ) ADDL. DISTRICT JUDGE DWARKA COURTS: NEW DELHI P.C No. 14/11 Page 3/3